Suresh Narang v. State Of Haryana
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It is submitted by the learned counsel for the petitioner that the petitioner is in custody from 04.06.2021, which is more than 11⁄2 years and the petitioner has clean antecedents and is not involved in any other case. He submitted that it is a case where the petitioner has been falsely implicated by the police by planting a case upon the petitioner. While referring to the allegations against the petitioner, he submitted that it was alleged that the petitioner alongwith the other co-accused namely Vijay Kapoor were apprehended while they were in a car which was being driven by the aforesaid co-accused and the petitioner was
sitting on the seat which was next to the driver seat. The petitioner is neither the owner of the car nor has any other relationship or connection with the driver of the car but he was only a passerby who had taken a lift in the car. (' ## # # ' 4 4 $ $&-5 6'4 4 5( # )* '# $/ 7- 0 4 '#4( 4 ( # 5 # (' 4 ' // ++ /-/+ 3 ' 4 (# # 4 ## '#
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has stated that it is correct that the petitioner is in custody from 04.06.2021, which is more than 11⁄2 years and the charges in the present case were framed on 22.11.2021 and it is also correct that the petitioner has clean antecedents and is not involved in any other case. He has however submitted that since the quantity recovered in the present case was a commercial quantity under the 0 would be hit by the bar contained under Section 37 0
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I have heard learned counsel for the parties. : # has raised three submissions for being considered for grant of regular bail.
1) The conduct of the police officials who themselves set the criminal law into motion by registering a false FIR failed to depose before the learned trial Court despite being served and repeated bailable warrants and warrants of arrest being issued against them especially the investigating officer. 2) The acute adverse circumstances of the family of the petitioner by which the lives of 8 family members of the petitioner is being severely jeopardized by the incarceration of the petitioner.
3) The petitioner has clean antecedents and is not involved in any other case.
So far as the first argument raised by l # #@'
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( is no justification coming forth as to why despite repeated summons, bailable warrants and warrants of arrest being issued to him, he did not appear and depose before the learned trail Court " ;(#'
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' # # #/+ * In view of the facts and circumstances as narrated above, this Court is of the view that the petitioner deserves the concession of regular bail. Consequently, the present petition is allowed. " ##(#
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